Commons Registration: What to Do if Your Land Is Targeted as “Waste Land of the Manor”

Landowners are increasingly seeing applications made under the Commons Act 2006 (Schedule 2(4)) to register land as common land on the basis that it is “waste land of the manor.”

If successful, registration places permanent restrictions on how land can be managed, developed or used. It is therefore vital to respond promptly and appropriately if you receive such a notice.

What These Applications Are

The Commons Act 2006 allows applications to be made to register land as common land if it can be shown to be “waste land of the manor.” Notices are served on those with an interest in the land, and local authorities are required to invite representations before a fixed deadline.

If an application is granted, the land becomes common land in law, with all the restrictions and obligations that follow.

Understanding “Waste Land of The Manor”

In simple terms, “waste land of the manor” refers to land that is open, uncultivated and unoccupied, historically linked to a manor. Where land has been actively managed, enclosed, cultivated, or put to profitable use, it may not meet this definition. Evidence of active management is therefore important.

Why It Matters

Registration can:

• Restrict certain agricultural, sporting or commercial activities.

• Limit future development or land improvement.

• Create ongoing management obligations.

Because the effects are permanent, it is essential to take action within the timeframe given.

Key Steps If You Receive a Notice

• Seek specialist legal advice immediately. Look for solicitors or barristers with direct experience in commons registration law.

• Read the application carefully. Note any inaccuracies or omissions.

• Start gathering evidence. The strength of your case will depend on documentary and practical records.

• Submit your representation. This must be received by the authority before the deadline stated in the notice.

What a Valid Representation Must Contain

Local authorities generally require:

• The application number.

• Your name and postal address.

• Details of your interest in the land.

• A signature (typed or digital if sent by email).

• The grounds for your objection or support.

Representations are not confidential and may be passed to the applicant or the Planning Inspectorate.

Evidence Checklist

When consulting solicitors, it helps to have evidence ready under the following headings:

Ownership & Title

• Title deeds, conveyances or estate records confirming ownership.

• Records of manorial rights (if any) extinguished or retained.

Use & Management

• Evidence of agricultural use (cultivation, reseeding, fertilising, cropping or licensed grazing).

• Stewardship or agri-environment scheme agreements.

• Records of heather burning, bracken control, drainage or other improvements.

• Details of commercial uses (sporting rights, leases, rentals).

Enclosure & Boundaries

• Historic maps and surveys showing walls, fences or other enclosures.

• Records of boundary maintenance or estate management.

Historic Records

• Past objections to provisional registration under the Commons Registration Act 1965.

• Correspondence with the Commons Registration Authority, Defra or Natural England.

Local Knowledge / Witness Statements

• Statements from keepers, farmers or contractors describing land management.

• Photographs or records showing that the land is not “open, uncultivated and unoccupied.”

Please Let Us Know

If you receive a notice please let us know what the outcome is by contacting agilruth@moorlandassociation.org.

This note provides general information for Moorland Association members about commons registration applications. It is not legal advice. Every case turns on its facts, and members should take specialist legal advice as soon as possible if they receive a notice.